Index of Criminal Justice Policies from

Transcription

1 Index of Criminal Justice Policies from Created by: Sara Elizabeth Dill Last Updated March 27, 2017 Year Resolution Title Resolution Text Number 1996 MY 113A Federal asset forfeiture laws RESOLVED, That the American Bar Association urges that federal asset forfeiture laws be amended to comply with the attached Statement of Principles on the Revision of the Federal Asset Forfeiture Laws, dated November 11, MY 113B Medical release of terminally ill inmates RESOLVED, That the American Bar Association recommends that each jurisdiction review its procedures relating to medical release of terminally ill inmates to ensure that: (1) they are fully integrated into the general law of sentencing, particularly with respect to issues such as eligibility for such release; (2) they provide for expedited handling of requests for medical release; and (3) they provide for the collection and dissemination of statistical data relating to the disposition of requests for medical release. FURTHER RESOLVED, That the American Bar Association recommend that correctional authorities be encouraged to initiate consideration of medical

2 release in appropriate cases and to make prisoners aware of the procedures for medical release MY 107C Convention on the Elimination of Discrimination Against Women RESOLVED, That the American Bar Association reaffirms its support for the ratification by the United States of the Convention on the Elimination of All Forms of Discrimination Against Women, with the same reservations, understandings, and declarations previously supported; and FURTHER RESOLVED, That the ABA supports in principle, the development of an individual right of petition as an optional protocol to the Women s Convention as described in the Platform for Action adopted at the Fourth World Conference on Women in Beijing, China, in September MY 8 Gun violence, private cause of action RESOLVED, That the American Bar Association supports the right of the victims of gun violence to seek private redress, and supports legislation to: 1. Amend the Gun Control Act of 1968 to provide a private cause of action, with concurrent state and federal jurisdiction, for those persons sustaining injury or damage as a result of violation of the Act; 2. Adopt and extend state and territorial laws to provide civil claims for relief for those persons sustaining injury or damage as a result of the violation of state, territorial, or municipal laws regulating the use, sale, possession, license, ownership, or control of firearms or ammunition AY 101B Military capital prisoners RESOLVED, That the American Bar Association urges that military capital prisoners be provided with the same opportunity for the assistance of counsel in seeking federal post-conviction habeas corpus relief as is now provided by federal law for persons sentenced to death in the civilian courts in this country AY 100 Violence Against Women Act RESOLVED, That the American Bar Association ( the Association ) supports the efforts of the U.S. Justice Department, the states and territories, tribes, local governments and agencies, state, territorial and local law

3 enforcement agencies, non-governmental victim service programs, and state, territorial and local bar associations to implement the full faith and credit mandate of the Violence Against Women Act of 1994 (VAWA), which directs states and territories to enforce civil and criminal protection orders issued by foreign states, territorial and tribal courts as if the orders had been issued by the enforcing court. FURTHER RESOLVED, That the Association urges Congress, the states and territories, and tribal and local governments and agencies to fully fund efforts to implement the full faith and credit mandate, including but not limited to: 1) The development of interstate and intrastate computer registries of protection orders; 2) Training to educate community members (such as law enforcement officials, judges, lawyers, medical professionals, and advocates) who come in contact with victims and perpetrators of domestic violence about the full faith and credit mandate and the enforceability of protection orders issued by foreign states; and 3) The development of state, territorial, tribal and local protocols which would remove barriers to the enforcement of foreign protection orders and would prioritize victim safety AY 120 Domestic violence in the legal profession RESOLVED, That the American Bar Association: a) Condemns the manifestation by lawyers or judges, by words or conduct of acts which would either constitute domestic violence or approval, in the course of their professional activities, of the use of domestic violence, stalking, or sexual assault under the laws of their jurisdictions; b) Urges judges involved in the administration of courts and lawyers engaged in the management or operation of a law practice or other place of business to adopt workplace protocols, guidelines, and policies to assist employees who are victims of domestic violence in finding help and safety, as well as protocols, guidelines, and policies

4 to protect the safety of employees who may come in contact with batterers during the course of business; and c) Encourage affirmative steps such as continuing education, studies, and conferences to educate judges and lawyers about the nature and effect of domestic violence, particularly as to the effect such conduct has on judges or lawyers abilities to carry out the administration of justice AY 104A Congressional committee seeking information from prosecutorial investigative agency RESOLVED, That the American Bar Association urges adherence to the following principles when a congressional committee seeks information from a federal prosecutorial agency: 1. Federal prosecutorial agencies should respond in a timely, open and candid manner to requests from congressional committees trying to determine whether the prosecutorial agencies are enforcing laws under their jurisdiction effectively or whether these laws need revision. In most situations, responses should be made through testimony of appropriately designated high ranking agency officials, pertinent statistics, and descriptive and analytical reports. 2. Congressional committees and federal prosecutorial agencies should work jointly to establish informal guidelines which properly balance the needs for congressional oversight of the executive function and prosecutorial independence from political interference. In formulating such guidelines: A. Congressional committees should not seek and federal prosecutorial agencies should resist requests for compelled testimony of prosecutorial agency officials or line attorneys regarding discretionary decisions being made in pending cases. B. Federal prosecutorial agencies should fully respond to requests from congressional committees for information about the handling of adjudicated cases. In the absence of highly unusual circumstances, however, congressional committees should not seek the compelled testimony of line attorneys about adjudicated cases, nor access to work product or other deliberative or privileged information relating to it.

5 1996 AY 104B Initiatives that preserve and promote family accessibility to detention facilities 1996 AY 109 Compassionate release for terminally ill prisoners, AIDS, HIV RESOLVED, That the American Bar Association supports initiatives that seek to preserve and promote healthy relationships between children and their parents in correctional custody. Such initiatives would consider family accessibility to the facility in making assignment of inmates; would assist parents in correctional custody in developing parenting skills; would allow extended contact visitation by such parents and children; and would support the emotional well-being of the children. RESOLVED, That the American Bar association supports compassionate release of terminally ill prisoners and endorses adoption of administrative and judicial procedures for compassionate release consistent with the Administrative Model for Compassionate Release Legislation and the Judicial Model for Compassionate Release Legislation, each dated April 1996; and FURTHER RESOLVED, That the American Bar Association supports alternatives to sentencing for non-violent terminally ill offenders in which the court, upon the consent of the defense and prosecuting attorneys, and upon a finding that the defendant is suffering from a terminal condition, disease, or syndrome and is so debilitated or incapacitated as to create a reasonable probability that he or she is physically incapable of presenting any danger to society, and upon a finding that the furtherance of justice so requires, may accept a plea of guilty to any lesser included offense of any count of the accusatory instrument, to satisfy the entire accusatory instrument and to permit the court to sentence the defendant to a non-incarceratory alternative. In making such a determination, the court must consider factors governing dismissals in the interests of justice AY 111 Abolition of economic exploitation of persons under 18 RESOLVED, That the American Bar Association urges the United States to work with the United Nations and the International Labor Organization to promote the abolition of the economic exploitation of persons under eighteen years of age by the adoption and enforcement of:

6 (1) Domestic laws that regulate the employment of persons under the age of eighteen in a manner consistent with the minimum age standards set forth in the Convention on the Rights of the Child and the Minimum Age Convention; and (2) Laws that eliminate: (a) the abduction, trading and selling of persons under the age of eighteen years; and (b) the use of such persons to work under conditions that are analogous to slavery AY 113 Needs of child victims of abuse RESOLVED, That the American Bar Association encourages courts to ensure that counseling, treatment, advocacy and other assistance are made available to child victims of abuse and domestic violence through all available means including the imposition of fines, restitution and court orders. FURTHER RESOLVED, That the American Bar Association encourages courts, in appropriate circumstances, to require the perpetrators of child abuse and domestic violence to undergo counselling and other treatment; FURTHER RESOLVED, That in those jurisdictions where courts do not presently have adequate authority to implement the foregoing recommendations, the American Bar Association encourages state and territorial legislatures to enact enabling legislation AY 10A Eliminating 200 against gays and lesbians in the legal community 1997 MY 108 Alternatives to incarceration for persons who commit certain violations of probation RESOLVED, That the American Bar Association urges states, territorial, and local bar associations to study bias in their community against gays and lesbians within the legal profession and the justice system and make appropriate recommendations to eliminate such bias. RESOLVED, That the American Bar Association urges states, territories, localities and the federal government to develop and implement sanctions for violators of probation, parole, and other forms of supervised release in lieu of prison and jail terms for persons whose original conviction was a non-violent felony or a misdemeanor and whose violation is not considered criminal

7 conduct, and encourages judges to sentence appropriate violators to these sanctions; and BE IT FURTHER RESOLVED, That jurisdictions should designate intermediate function agencies to assist legislatures in developing a range of sanctions, including community service and intermittent confinement, and should provide for adequate means to operate such programs. Judges, attorneys, criminal justice agency representatives, and victims of crime should participate in developing these programs and in monitoring procedures and administrative policies that facilitate their operation MY 107 Death penalty, elimination of discrimination in sentencing RESOLVED, That the American Bar Association calls upon each jurisdiction that imposes capital punishment not to carry out the death penalty until the jurisdiction implements policies and procedures that are consistent with the following longstanding American Bar Association policies intended to (1) ensure that death penalty cases are administered fairly and impartially, in accordance with due process, and (2) minimize the risk that innocent persons may be executed: (i) Implementing ABA Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases (adopted Feb. 1989) and Association policies intended to encourage competency of counsel in capital cases (adopted Feb. 1979, Feb. 1988, Feb. 1990, Aug. 1996); (ii) Preserving, enhancing, and streamlining state and federal courts authority and responsibility to exercise independent judgment on the merits of constitutional claims in state post-conviction and federal habeas corpus proceedings (adopted Aug. 1982, Feb. 1990); (iii) Striving to eliminate discrimination in capital sentencing on the basis of the race of either the victim or the defendant (adopted Aug. 1988, Aug. 1991), and

8 (iv) Preventing execution of mentally retarded persons (adopted Feb. 1989) and persons who were under the age of 18 at the time of their offenses (adopted Aug. 1983). FURTHER RESOLVED, That in adopting this recommendation, apart from existing Association policies relating to offenders who are mentally retarded or under the age of 18 at the time of the commission of the offenses, the Association takes no position on the death penalty AY 100A Rights of victims of crime RESOLVED, That the American Bar Association continues to support protection for victims rights and the adoption of further statutory measures to protect these rights; and FURTHER RESOLVED, That the American Bar Association urges federal, state, and territorial legislatures considering measures to recognize victims rights in the criminal justice system to do so consistent with the following principles: 1. The rights of defendants should not be diminished; 2. The discretion of the trial judge to manage court proceedings efficiently and fairly should not be curtailed; 3. The discretion of the prosecutor in the performance of the prosecution function, including full discretion in the charging decision and the plea negotiation process, should not be curtailed; 4. Violation of the rights of victims should not give rise to a new cause of action for damages against any public official or office; 5. Adequate resources should be appropriated to support the effective implementation of crime victims rights; 6. The class of protected victims should be defined; and 7. Each jurisdiction should have the flexibility to develop individualized procedures. FURTHER RESOLVED, That in considering provisions to protect crime victims rights, consideration should be given to the relevant American Bar

9 Association policies, including the Fair Treatment Guidelines for Crime Victims and Witnesses (August 1983), the ABA Standards for Criminal Justice, Chapter on the Prosecution Function, Third Edition (February 1992), and ABA Standards for Criminal Justice, Chapter on Sentencing (February 1993) AY 301 Supporting the approval and implementation of the Inter- American Convention Against Corruption RESOLVED, That the American Bar Association supports the prompt ratification and implementation of the Inter-American Convention Against Corruption (Inter-American Convention) by the United States, by other members of the Organization of American States (OAS), and by other countries that are eligible to accede to the Inter-American Convention. FURTHER RESOLVED, That the American Bar Association urges: 1) That such ratification be subject to minimal reservations and understandings; and 2) That such implementation be full, effective, and consistent. FURTHER RESOLVED, That, to assure consistency and effectiveness, the American Bar Association supports the criminalization of the bribery of foreign officials through the Inter-American Convention and through other instruments and for a in a manner consistent with the agreed upon common elements set forth in the Annex to the Organization for Economic Cooperation and Development s (OECD) Revised Recommendation of the Council on Combating Bribery in International Business Transactions and with the basic principles of the Foreign Corrupt Practices Act of the United States. FURTHER RESOLVED, That the American Bar Association supports efforts by the OECD and its member countries to promptly carry out, fully implement, and actively enforce the OECD s Revised Recommendation of the Council on Combating Bribery in International Business Transactions in a manner that effectively deters foreign corrupt practices in the conduct of international business.

10 1997 AY 109 Qualified language interpreters in courts RESOLVED, That the American Bar Association recommends that all courts be provided with qualified language interpreters, including sign language interpreters, in order that parties and witnesses with no or limited command of English and those who are deaf or hearing-impaired may fully and fairly participate in court proceedings; FURTHER RESOLVED, That court interpreters should be qualified, should maintain their proficiency through continuing education, and should adhere to standards of professional conduct AY 120 Attorney-client privilege and in house counsel 1998 MY 118B Establishment of an international criminal court RESOLVED, That the American Bar Association supports the principle that the attorney-client privilege for communications between in-house counsel and their clients should have the same scope and effect as the attorney-client privilege for communications between outside counsel and their clients. RESOLVED, That the American Bar Association recommends the establishment of a permanent International Criminal Court (ICC) by multilateral treaty in order to prosecute and punish individuals who commit the most serious crimes under international law; and FURTHER RESOLVED, That the American Bar Association recommends that the United States Government continue to play an active role in the process of negotiating and drafting a treaty establishing the ICC, and that the ICC treaty embody the following principles: A. (1) The ICC s initial subject matter jurisdiction should encompass genocide, war crimes, and crimes against humanity; (2) The ICC should exercise automatic jurisdiction over these crimes, and no additional declaration of consent by state parties should be required; B. The jurisdiction of the ICC should complement the jurisdiction of national criminal justice systems;

11 C. The United Nations Security Council, states parties to the ICC treaty, and, subject to appropriate safeguards, the ICC prosecutor should be permitted to initiate proceedings when a crime within the ICC s jurisdiction appears to have been committed; and D. The rights afforded accused persons and defendants under internationally recognized standards of fairness and due process shall be protected in appropriate provisions of the ICC s constituent instruments and rules of evidence and procedure MY 103 Victim s rights in the federal system RESOLVED, That the American Bar Association urges Congress to protect the rights of victims in the federal system by statutory enactment MY 104A Victims rights RESOLVED, That the American Bar Association urges trial judges to encourage processes which inform and educate victims of crimes about programs, procedures, and restitution, while observing the legal rights of criminal defendants and assuring impartiality to all who appear before them, including the use of videos, brochures, and educational materials, presented to victims by law enforcement officials, at an early stage of the criminal proceeding MY 104C Restitution for victims RESOLVED, That the American Bar Association recommends, in cases where a state or territorial compensation board pays a victim for harm inflicted by a defendant and thereafter a court orders the defendant to pay restitution, that the compensation board should be notified of the order of restitution and should be a beneficiary of the order of restitution after the victim is made whole, to the extent that the board has compensated the victim AY 113 Campaign finance RESOLVED, That the American Bar Association urges that any changes to the current campaign finance system must be framed in a constitutionally sound manner and the need for government regulation must be balanced against First Amendment protections of political speech.

12 FURTHER RESOLVED, That the American Bar Association urges that efforts must be taken to ensure there is full disclosure of money spent in federal elections; the perception of corruption is reduced; and voters are afforded a full opportunity to hear the view of candidates. FURTHER RESOLVED, That the American Bar Association supports the following principles regarding federal campaign finance legislation: 1) Campaign finance laws and the implementation of those laws should not discourage the participation of individuals, political parties, and organized political groups in all aspects of the electoral process. 2) Campaign finance laws should be drafted and enforced in a manner that distinguishes between issue advocacy, which is protected by the First Amendment and should not be limited, and express advocacy which is also protected by the First Amendment, but which the courts have held can be limited under certain circumstances. Issue advocacy should not serve as a mechanism for otherwise impermissible campaign contributions. 3) Current individual campaign contribution limits, imposed in 1974, should be adjusted for inflation and indexed hereafter. 4) Federal election activity should be conducted solely with money permitted to be raised and spent under federal law. Congress and the FEC should take further steps to ensure that money raised outside of federal law (i.e. soft money ) is not used for federal election purposes. 5) All contributions to and expenditures by state and federal party committees should be disclosed publicly and electronically. Congress should require that the Federal Election Commission (FEC) provide a central clearinghouse with respect to data concerning both contribution and expenditure reports. 6) State legislatures should consider prohibiting or limiting the use of union and corporate general treasury funds for the election of candidates to office.

13 7) Congress should examine ways to reduce the costs to candidates of federal election campaigns without imposing spending limits AY 112D Council at bail hearings or initial appearance RESOLVED, That the American Bar Association recommends that all jurisdictions ensure that defendants are represented by counsel at their initial judicial appearance where bail is set; and FURTHER RESOLVED, That each jurisdiction provide adequate resources to support effective implementation of such representation by counsel for indigent defendants AY 118 United Nations and United States involvement in human rights and international law 1998 AY 300 U.S. cooperation with nations in controlling foreign trade and investment detrimental to shared national security and foreign policy objectives RESOLVED, That the American Bar Association recommends that the United States Government and the United Nations work towards consolidating into two committees the six United Nations standing committees currently monitoring compliance with the United Nations human rights treaties: one committee to review all state reports, and the other to examine inter-state and individual communications. RESOLVED, That the American Bar Association recommends that the United States adhere to the following principles in the adoption and maintenance of export controls and economic sanctions measures: First, to consult with, and seek the support and cooperation of, foreign governments sharing common objectives in devising and carrying out programs to constrain foreign trade and investment detrimental to shared U.S. national security and foreign policy objectives. Second, to refrain from the adoption or maintenance of extraterritorial foreign trade control measures that do not conform to jurisdictional principles of international law as generally accepted by the international community and create the potential for conflicts with other nations, including: - Controls on foreign trade transactions of foreign corporations, where those transactions have no jurisdictional relationship to the United

14 States other than ownership interests of U.S. nationals in the foreign corporations; - Controls on foreign trade transactions of foreign parties, where those transactions have no jurisdictional relationship to the United States other than the U.S. origin of transaction products, content, or technology; and - Retaliatory trade sanctions on foreign parties by reason of their foreign trade transactions, where those transactions have no jurisdictional relationship to the United States and are not in violation of any U.S. law that conforms to jurisdictional principles of international law AY 302 Ratification of Convention on Combatting Bribery of Foreign Public Officials RESOLVED, That the American Bar Association supports the prompt ratification and implementation of the Convention on Combatting Bribery of Foreign Public Officials in International Business Transactions (OECD Convention) by the United States, by other members of the Organization for Economic Co-Operation and Development (OECD), and by other countries that are eligible to accede to the OECD Convention. FURTHER RESOLVED, That the American Bar Association urges: 1) Such ratification be subject to minimal reservations and understandings; and 2) Such implementation be full, effective, and consistent. FURTHER RESOLVED, That the American Bar Association supports the prompt enactment of the legislative changes proposed by the Administration to conform the Foreign Corrupt Practices Act to the OECD Convention. FURTHER RESOLVED, That to assure consistency and effectiveness, the American Bar Association supports, through the OECD and other fora, meaningful and ongoing efforts to monitor the effective and consistent implementation and enforcement of the OECD Convention as well as continuing efforts to further develop the OECD Convention so as to establish

15 the most effective means for deterring corrupt practices in the conduct of international business AY 125 Vienna Convention, consular notification RESOLVED, That the American Bar Association urges federal, state, territorial and local law enforcement authorities to adopt a warning of rights similar to the Miranda standard, advising foreign nationals of their right to consular assistance pursuant to Article 36 of the Vienna Convention on Consular Relations; FURTHER RESOLVED, That this warning be given at the moment detention and identification of the foreign national by law enforcement authorities; FURTHER RESOLVED, That federal, state, territorial and local law enforcement authorities adopt the procedures and statements proposed by the Department of State in its handbook titled Consular Notification and Access: Instructions for Federal, State and other Officials Regarding Foreign Nationals in the United States and the Rights of Consular Officials to Assist Them, or substantially similar programs and statements informing foreign nationals of their right to consular assistance; and FURTHER RESOLVED, That the American Bar Association encourages the Attorney General of the United States, as well as the public defenders and attorneys general of all the States and territories, to work together to disseminate the knowledge and the enforcement of these rights AY 10E Gun violence in schools RESOLVED, That the American Bar Association supports a comprehensive approach to address gun violence by young persons at schools that includes preventative school-based peer mediation programs, firearms education programs, support for increased efforts to enforce laws to prevent unauthorized or illegal access to firearms by minors, and enactment of firearm laws that emphasize prevention, adult responsibility, and safety.

16 1999 MY 116A Independent Counsel Act RESOLVED, That the American Bar Association opposes reauthorization of the Independent Counsel provisions of the Ethics in Government Act (hereinafter called Independent Counsel Act ) in any form. FURTHER RESOLVED, That if Congress should determine that there is a need for reauthorization of the Independent Counsel Act, that reauthorization should adhere to appropriate safeguards such as the following principles: A. All persons subject to the operation of the Independent Counsel Act should receive the same treatment as if the matter were being handled by the Department of Justice. B. The operation of the Independent Counsel Act should be mandatory in regard to the President, the Vice-President, and the Attorney General. Although the Attorney General should be able to seek appointment of an Independent Counsel in regard to any other currently covered person, the decision to seek such an appointment should be left to the discretion of the Attorney General. C. When the Attorney General requests the appointment of an Independent Counsel, the Attorney General should have the role of recommending to the Special Division of the Court appropriate candidates to serve in that position. Any Independent Counsel should possess the kind of broad experience in criminal justice matters that one would expect of an Attorney General or other high official in the Department of Justice. D. The decision to seek the appointment of an Independent Counsel should be based on a determination that, given the nature of the alleged criminal activity and the quality of the evidence, the Department of Justice would decide there was reasonable cause to pursue the matter if the subject of the investigation were not a person covered by the provisions of the Independent Counsel Act. E. There should be no arbitrary time frames imposed upon the Attorney General and there should be no provision requiring the Attorney

17 General to respond to Congressional demands or requests for appointment of an Independent Counsel. F. The Independent Counsel should make no public disclosure, other than by formal charge, of the decision to begin or to end an investigation unless the Special Davison authorizes a public disclosure. The Independent Counsel should be required neither to continue an investigation beyond where a typical criminal investigation would extend to prepare and file a report, nor to file any report with the Special Division upon the completion of an investigation. The Independent Counsel should be permitted to file a report with the Special Division when the Independent Counsel believes such a report is necessary to serve the interests of justice. The Special Division should be required to deliver the final report to the Archivist of the United States who will make the report public after 50 years. The Special Division should be permitted to disclose any portion of the report at an earlier time upon a determination that disclosure is required in the interests of justice. In this instance, the Special Division should be permitted to make any portion of a report available to any individual named in the report for the purpose of receiving comment and factual information, all of which shall be include in the report, but only the Special Division should be permitted to disclose the contents of the report or any response to it AY 113A Limiting inappropriate federalization of criminal law RESOLVED, That the American Bar Association opposes the trend toward greater federalization of state, local and territorial crime, and urges Congress to take into account when considering the creation of new federal crimes such principles as the following, derived from the 1998 Report of the Task Force on Federalization of Criminal Law, The Federal Criminalization of Criminal Law: 1. Creation of new federal crimes is appropriate only where a federal interest is implicated and the state, local or territorial remedy is inadequate to address that interest; and

18 2. Institutional mechanisms, such as technical analyses, impact statements and sunset provisions of fairly short duration should be considered to assist in Congress analysis of proposed crime legislation and proposed new federal law enforcement findings. FURTHER RESOLVED, That Congress should respond effectively to constituent concerns about public safety by taking constructive steps that aid law enforcement, including allocation of funds to state, local or territorial systems for the administration of justice, but it should not create new federal crimes which duplicate state crimes merely because the conduct at issue is deemed important AY 113C National commission to consider federal policies affecting correctional facilities RESOLVED, That the American Bar Association recommends the establishment of a national commission to consider federal policies which affect federal, state, local and territorial correctional facilities and make recommendations concerning the following: 1. The efficacy of using the criminal justice system as a tool to accomplish social, economic and public health objectives; 2. Existing discretionary administrative and judicial mechanisms for early release and recommended improvements; 3. Prevailing federal, state and territorial sentencing policies which preclude consideration by the courts of probation and other alternatives to incarceration, consistent with ABA policy; 4. A variety of proposed approaches to reintegrating offenders in to the community after release from prison; 5. Encouragement of licensing and accreditation of correctional facilities to assure that they meet health, safety and other correctional standards; and 6. Assessing the social and economic consequences of correctional and sentencing policies that presumptively rely on incarceration when other appropriate sanctions are available for control and punishment of offenders.

19 FURTHER RESOLVED, That federal, state, local and territorial governments are urged to attend to and where appropriate, take steps to work together, to implement policies concerning the above-referenced matters, in accordance with American Bar Association policy AY 113D Miranda rights RESOLVED, That the American Bar Association supports the principle that a person subject to custodial interrogation by law enforcement authorities should be fully advised of: 1. The person s right to remain silent; 2. The fact that anything said during questioning can and may be used against that person in a court of law; 3. The right to consult with an attorney before and during questioning; 4. The right to the appointment of a lawyer prior to any questioning, if the person cannot afford a lawyer; and 5. The right to stop talking at any time during questioning MY 110 Political Contributions to Obtain government legal engagements or appointments by judges RESOLVED, That the ABA Model Rules of Professional Conduct be amended to add a new Rule 7.6, Political Contributions to Obtain Government Legal Engagements or Appointments by Judges, as follows: RULE 7.6. POLITICAL CONTRIBUTIONS TO OBTAIN GOVERNMENT LEGAL ENGAGEMENTS OR APPOINTMENTS BY JUDGES. A lawyer or law firm shall not accept a government legal engagement or an appointment by a judge if the lawyer or law firm makes a political contribution or solicits political contributions for the purpose of obtaining or being considered for that type of legal engagement or appointment MY 102A Violent Crime Control and Law Enforcement Act RESOLVED, That the American Bar Association urges the immediate funding and reauthorization of the Family Unity Demonstration Project, passed as part of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C , et. Seq.

20 2000 MY 102B Correctional systems review of sentencing and correctional policies and practices related to the growing population of elderly inmates RESOLVED, That the American Bar Association recommends federal, state, and territorial correctional systems review sentencing and correctional policies and practices related to the growing population of elderly prisoners; FURTHER RESOLVED, That the federal government, the states, and territories should adopt institutional classification, health, and human services programs that address the special needs of the elderly; FURTHER RESOLVED, That the federal government, the states, and territories should adopt release procedures and community based programs with treatment, and supervision for older inmates who are appropriate to be released to the community, consistent with public policy; and FURTHER RESOLVED, That bar associations, law schools and other organizations are urged to develop humanitarian residential placements for elderly offenders AY 109A Safety of adult and child domestic violence victims during visitation and visitation exchange RESOLVED, That the American Bar Association encourages: 1. States, territories, and local governments to enact legislations requiring courts to consider the safety risks to victims of domestic violence and their children when drafting orders containing visitation and visitation exchange provisions; 2. Courts to provide or identify, and make use of, locations in which supervised visitation and visitation exchanges can safely occur; 3. Courts to inquire about domestic violence when addressing visitation issues in child custody matters, and in every case in which the court determines there is a risk to the safety of a parent or child, to craft orders of visitation that create safe visitation and safe visitation exchanges for victims and their children, including provisions that are explicit as to time, date, and place; 4. Attorneys to advocate for safe visitation and visitation exchanges.

21 2000 AY 109B Court mandated mediation including an opt-out in any action in which one party has perpetuated domestic violence upon the other party 2000 AY 107 Election and campaign activity on the internet, First Amendment guarantees of free speech, elimination of corruption in elections RESOLVED, That the American Bar Association recommends that courtmandated mediation include an opt-out prerogative in any action in which one party has perpetrated domestic violence upon the other party. RESOLVED, That the American Bar Association urges Congress, the States, and the Territories to review their respective election laws as they relate to election and campaign activity on the Internet and to apply those laws in a manner that does not discourage political activity through this medium, upholds First Amendment guarantees of free speech and association, and seeks to eliminate opportunities for unfairness, corruption, or undue influence through the use of this medium. FURTHER RESOLVED, That the American Bar Association urges that Congress and the appropriate regulatory bodies at the federal, state, and territorial level take appropriate steps to encourage and facilitate the use of the Internet by all segments of society in order to promote widespread, fair and equitable citizen participation in the political process. FURTHER RESOLVED, That the American Bar Association urges that Congress and the appropriate regulatory bodies at the federal, state, and territorial level take the following actions in order to promote the availability and reliability of political information and discourse on the Internet: 1) Mechanisms and safeguards to ensure the integrity of authentic political web sites should be developed. Specifically, a uniform statement of registration should be developed that candidates and political committees could choose to place on their respective websites. In addition, an Internet domain should be established for the purpose of only registering the domain names of current federal, state and local officeholders and candidates.

22 2) Senate candidates and Senatorial campaign committees of the parties should be required to file electronic disclosure reports with the Federal Election Commission consistent with current federal law as it applies to other congressional candidates and committees. 3) The frequency of mandatory reporting periods for political committees should be increased to promote more timely online disclosure of contributions and expenditures. 4) Any regulations, advisory opinions, or other statutory interpretations addressing political activity on the Internet should include provisions that will facilitate a periodic review of such regulatory rulings. 5) The Federal Election Commission should be encouraged to use currently permitted expedited procedures when considering the application of federal election rules to the Internet AY 115 Biological evidence collected in conjunction with the investigation of a criminal case 2000 AY 106A Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts RESOLVED, That the American Bar Association urges federal, state, local and territorial jurisdictions adhere to the following Principles concerning Biological Evidence collected in conjunction with the investigation of a criminal case: 1. All biological evidence should be preserved. 2. All biological evidence should be made available to defendants and convicted persons upon request and, in regard to such evidence, such defendants and convicted persons may seek appropriate relief notwithstanding any other provision of law. 3. All necessary funding to accomplish these principles should be provided. 4. Appropriate scientific and privacy standards should be developed to guide the preservation of biological evidence. RESOLVED, That the American Bar Association urges that the United States expeditiously ratify the Optional Protocol to the U.N. Convention on the Rights of the Child Involvement of Children in Armed Conflicts.

23 2000 AY 106B Sale of Children, Child Pornography, United Nations Convention on the Rights of the Child 2000 AY 111 Extension of remedies, protections and services within domestic violence statutes to adolescents RESOLVED, That the American Bar Association urges that the United States expeditiously ratify the Optional Protocol to the U.N. Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography. RESOLVED, That the American Bar Association encourages state and territorial legislatures to include within domestic violence statutes the same remedies, protections, and services to adolescents that are available to adults, including domestic violence restraining orders; access to shelters and safe houses; support groups, education, and counseling; other programs to aid in the prevention and elimination of violence; and access to legal assistance for adolescent victims; and FURTHER RESOLVED, That the American Bar Association urges educational authorities, law enforcement officials, juvenile courts, and other government agencies to support more effectively adolescent dating awareness programs, domestic violence awareness programs, adolescent victim services, and teen offender intervention programs AY 10A Campaign finance reform, ending corruption in elections RESOLVED, That the American Bar Association urges the adoption by Congress and state and territorial legislatures of campaign finance reform legislation that strives to achieve the following goals: ensure full disclosure of all money raised and spent in federal, state, local and territorial election campaigns; promote full participation by all Americans in the electoral process; establish realistic limits on hard money campaign contributions to eliminate corruption and the appearance of corruption in election campaigns and the legislative process; provide adequate enforcement resources and authority including the power to conduct random audits and organizational structure, to federal, state, local and territorial campaign regulatory agencies; and adopt existing ABA policy opposing the solicitation and use of soft money contributions in federal election campaigns and supporting public financing of congressional and presidential campaigns.

24 2000 AY 10H Support for an effective United Nations RESOLVED, That the American Bar Association reaffirms its support for an effective United Nations as essential to achieving peace, promoting sustainable development and advancing the rule of law and urges the United States Government to enhance its relationship with the United Nations; FURTHER RESOLVED, That the American Bar Association urges the United States Government to honor its legal obligations to the United Nations by removing restrictions on payment of its existing United Nations funding obligations, and to work to assure effective financing of United Nations institutions in the future; and FURTHER RESOLVED, That the American Bar Association urges the United States Senate to expedite consideration of international agreements that are now pending before it and, in particular, urges the United States Senate to promptly approve, and thereafter the United States Government to promptly ratify the following agreements that are supported by the Association: A. The UN Convention on the Elimination of all Forms of Discrimination Against Women B. The UN Convention on the Rights of the Child C. The UN Convention on the Law of the Sea D. International Covenant of Economic, Social and Cultural Rights 2001 MY 106A Appointment of counsel at government expense for unaccompanied children for all stages of immigration processes and proceedings RESOLVED, That the American Bar Association supports the appointment of counsel at government expense for unaccompanied children for all stages of immigration processes and proceedings; FURTHER RESOLVED, That the American Bar Association favors the establishment within the Department of Justice of an independent office with child welfare expertise that would have an oversight role and ensure that

25 children s interests are respected at all stages of immigration processes and while in immigration custody; and FURTHER RESOLVED, That children in immigration custody who cannot be released to family members, legal guardians, or other appropriate adults should be housed in culturally-appropriate family-like settings and not detained in facilities with or for juvenile offenders MY 106B Opposing the involuntary transfer of detained immigrants and asylum seekers to facilities that impede an existing attorneyclient relationship 2001 MY 106C Opposing the use of secret evidence in immigration proceedings RESOLVED, That the American Bar Association opposes the involuntary transfer of detained immigrants and asylum seekers to facilities that impede an existing attorney-client relationship; FURTHER RESOLVED, That detained immigrants and asylum seekers should not be transferred to distant locations and detention space should not be contracted for or constructed in remote areas where legal assistance generally is not available for immigration matters. RESOLVED, That the American Bar Association opposes the use of secret evidence, evidence that is presented to the trier of fact in camera and ex parte, in immigration proceedings, including but not limited to: (1) using secret evidence to deport noncitizens; (2) denying immigration benefits to noncitizens based on secret evidence; (3) refusing to release on bond noncitizens based on secret evidence; and (4) denying admission to returning lawful permanent residents, people who have been paroled into the United States, and asylum seekers, based on secret evidence; FURTHER RESOLVED, That in extraordinary cases where there are legitimate national security concerns, the noncitizen and the court or the adjudicator should, at a minimum, be provided with an unclassified summary of the classified information, prepared in accordance with appropriate judicial standards and supervision, that preserves the individual s ability to confront the evidence and prepare a defense.

26 2001 MY 103B Supporting safe schools; zero tolerance policies; gun possession in schools RESOLVED, That the American Bar Association supports the following principles concerning school discipline: 1) Schools should have strong policies against gun possession and be safe places for students to learn and develop; 2) In cases involving alleged student misbehavior, school officials should exercise sound discretion that is consistent with principles of due process and considers the individual student and the particular circumstances of misconduct; and 3) Alternatives to expulsion or referral for prosecution should be developed that will improve student behavior and school climate without making schools dangerous; and FURTHER RESOLVED, That the ABA opposes, in principle, zero tolerance policies that have a discriminatory effect, or mandate either expulsion or referral of students to juvenile or criminal court, without regard to the circumstances or nature of the offense or the student s history MY 103C International Criminal Court RESOLVED, That the Congress should enact legislation to require the President to: 1. Report to the Congress within thirty days after receiving notice from the International Criminal Court Prosecutor that a United States National committed an act within the jurisdiction of the International Criminal Court; 2. Take all reasonable steps to assure that the United States retains jurisdiction to investigate and, if necessary, prosecute the alleged act; and 3. Report promptly to Congress on subsequent actions by the International Criminal Court with respect to the alleged act MY 110 Gender based persecution as a ground for asylum RESOLVED, That the American Bar Association urges that gender-based persecution be recognized as a ground for asylum under the Immigration and Nationality Act and supports federal legislative or administrative action to